Appeal and Error; Damages and Remedies — breach of contract — nominal damages — improper assignments of error — failure to object to instructions
A decision of the Court of Appeals awarding plaintiff university professor a new trial on the issue of damages in an action for breach of a reemployment contract in which the jury awarded plaintiff nominal damages of one dollar is reversed for the reasons stated in the dissenting opinion that plaintiff's assignments of error violated the Rules of Appellate Procedure and plaintiff neither objected to nor assigned error to the jury instructions.
PER CURIAM.
As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed.
REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.